In the continuing absence of Congressional action on a comprehensive U.S. federal privacy law, five states have now enacted their own laws. We previously provided a summary of the California, Virginia, and Colorado laws (available here), and Connecticut and Utah have since enacted new privacy laws. The Connecticut Act Concerning Personal Data Privacy and
Bedoya Confirmed as Fifth FTC Commissioner; Congress Debates FTC Act Revisions
Alvaro Bedoya, a Democrat, was confirmed on May 11, 2022, to serve as the fifth Commissioner of the Federal Trade Commission (FTC). With the Senate deadlocked at 50-50 along partisan lines, Vice President Kamala Harris cast the tie-breaking vote. Bedoya replaces former Commissioner Rohit Chopra, who left the FTC last October to lead the Consumer
CISA “Shields Up” Campaign Offers Practical Cybersecurity Guidance for Organizations
As cyberattacks from a myriad of sources continue to proliferate and target organizations of all types and sizes, the Cybersecurity and Infrastructure Security Agency (CISA) continues to update its Shield’s Up webpage with specific cybersecurity guidance for organizations, CEOs, business leaders, and individuals. The stated goal is to “reduce the likelihood of a damaging cyber
Is a Privacy Shield Replacement on the Horizon?
After the EU-U.S. Privacy Shield was rendered invalid by the Court of Justice of the European Union (CJEU) in July 2020, and following a prior challenge to the U.S.-EU Safe Harbor, many businesses operating on both sides of the pond scrambled to find other ways to protect data flows between the EU and U.S. that
WW International to Pay $1.5 Million Civil Penalty for Alleged COPPA Violations
In 2014, with childhood obesity on the rise in the United States, tech company Kurbo, Ltd. (Kurbo) marketed a free app for kids that, according to the company, was “designed to help kids and teens ages 8-17 reach a healthier weight.” When WW International (WW) (formerly Weight Watchers) acquired Kurbo in 2018, the app was
Fashion Nova Settles with FTC for $4.2 Million Over Charges it Omitted Negative Reviews
You might think that paying more than $9 million to settle charges of violating the Federal Trade Commission’s (FTC) Mail Order Rule would have spurred clothing retailer Fashion Nova, LLC to review its consumer protection compliance posture. But for the second time in two years, Fashion Nova has found itself in trouble with the FTC,
Legislators Ask COPPA Safe Harbor Organizations for Information
Children’s Online Privacy Protection Act (COPPA) enforcement actions closed out 2021 (see our blog post) and children’s online privacy remains a hot topic in Congress in 2022. After a series of articles by The Wall Street Journal last September uncovered Instagram’s own research on possible harms to teenagers from social media engagement, members of the
Major COPPA Settlements Close Out 2021
Two important settlements involving alleged violations of the Children’s Online Privacy Protection Act (COPPA) were announced in December 2021. Actions by both federal and state regulators reinforce that COPPA remains on the regulatory radar screen, particularly when it comes to ad tech. Efforts to more broadly limit programmatic advertising are also underway.
FTC and OpenX
The State of State Privacy Laws: A Comparison
In the absence of a comprehensive U.S. federal privacy law, three states – California, Virginia, and Colorado – have enacted comprehensive privacy laws as of this year. The California Consumer Privacy Act (CCPA) is in effect now, and the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), and Colorado Privacy Act (CPA)
FTC Takes Aim at Negative Option Marketing with New Enforcement Policy Statement
“Dark patterns” – user interfaces that are designed, intentionally or unintentionally, to influence user decision making – have been increasingly on the Federal Trade Commission’s (FTC or Commission) radar. As we previously reported, the FTC held a workshop earlier this year to examine, among other things, how dark patterns affect online user behavior and